Senate Bill S973

2023-2024 Legislative Session

Relates to the presumption of intent to sell heroin

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S973 (ACTIVE) - Details

See Assembly Version of this Bill:
A5475
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §220.26, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9749
2017-2018: A3638, A10888
2019-2020: A6426
2021-2022: S6506, A4735

2023-S973 (ACTIVE) - Summary

Creates the presumption of intent to sell when a person is in possession of forty or more individual packages containing heroin with an aggregate weight of 4.0 grams.

2023-S973 (ACTIVE) - Sponsor Memo

2023-S973 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    973
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sen. MATTERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to presumption of  intent  to
   sell
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The penal law is amended by adding a new section 220.26  to
 read as follows:
 § 220.26 PRESUMPTION OF INTENT TO SELL.
   FOR THE PURPOSES OF A PROSECUTION OF A CHARGE UNDER SUBDIVISION ONE OF
 SECTION 220.16 OF THIS ARTICLE, THE POSSESSION OF FORTY OR MORE INDIVID-
 UAL PACKAGES CONTAINING ONE OR MORE PREPARATIONS, COMPOUNDS, MIXTURES OR
 SUBSTANCES OF THE CONTROLLED SUBSTANCE DEFINED UNDER PARAGRAPH ELEVEN OF
 SUBDIVISION (C) OF SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THE
 PUBLIC   HEALTH  LAW  AND  SAID  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR
 SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF 4.0 GRAMS OR MORE, IS  PRESUMP-
 TIVE  EVIDENCE THAT SUCH PERSON POSSESSED SUCH CONTROLLED SUBSTANCE WITH
 INTENT TO SELL IT.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01031-01-3



              

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